Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 159-0018a; FRL-5641-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern negative

declarations from the Mojave Desert Air Quality Management District

(MDAQMD) for eight source categories that emit volatile organic

compounds (VOC): Synthetic Organic Chemical Manufacturing Industry

(SOCMI) Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset

Lithography, Industrial Wastewater, Plastic Parts Coating-Business

Machines, Plastic Parts Coating-Other, and Ship Building. The MDAQMD

has certified that these source categories are not present in the

District and this information is being added to the federally approved

State Implementation Plan. The intended effect of approving these

negative declarations is to meet the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act). Thus, EPA is finalizing the

approval of these revisions into the California SIP under provisions of

the CAA regarding EPA action on SIP submittals, SIPs for national

primary and secondary ambient

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air quality standards and plan requirements for nonattainment areas.

DATES: This action is effective on December 31, 1996, unless adverse or

critical comments are received by December 2, 1996. If the effective

date is delayed, a timely notice will be published in the Federal

Register.

ADDRESSES: Copies of the submitted negative declarations are available

for public inspection at EPA's Region IX office and also at the

following locations during normal business hours.

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA

94105

Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''

Street, SW., Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095

Mojave Desert Air Quality Management District (formerly San Bernardino

County Air Pollution Control District), 15428 Civic Drive, Suite 200,

Victorville, CA 92392-2382.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Section (A-

5-3), Air and Toxics Division, U.S. Environmental Francisco, CA 94105,

Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

The revisions being approved as additional information for the

California SIP include eight negative declarations from the MDAQMD

regarding the following source categories: (1) SOCMI Distillation, (2)

SOCMI Reactors, (3) SOCMI Batch Processing, (4) Offset Lithography, (5)

Industrial Wastewater, (6) Plastic Parts Coating-Business Machines, (7)

Plastic Parts-Other, and (8) Ship Building. These negative declarations

were submitted by the California Air Resources Board (CARB) to EPA on

August 7, 1995.

Background

On March 3, 1978, EPA promulgated a list of ozone nonattainment

areas under the provisions of the Clean Air Act, as amended in 1977

(1977 Act or pre-amended Act), that included the portions of San

Bernardino County Air Pollution Control District 1 within the

Southeast Desert Air Quality Management Area (AQMA). 43 FR 8964, 40 CFR

81.305. Because this area was unable to meet the statutory attainment

date of December 31, 1982, California requested under section

172(a)(2), and EPA approved, an extension of the attainment date to

December 31, 1987. (40 CFR 52.222). On May 26, 1988, EPA notified the

Governor of California, pursuant to section 110(a)(2)(H) of the 1977

Act, that the above district's portion of the California SIP was

inadequate to attain and maintain the ozone standard and requested that

deficiencies in the existing SIP be corrected (EPA's SIP-Call). On

November 15, 1990, the Clean Air Act Amendments of 1990 were enacted.

Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In

amended section 182(b)(2) of the CAA, Congress statutorily adopted the

requirement that States must develop reasonably available control

technology (RACT) rules for sources ``covered by a Control Techniques

Guideline (CTG) document issued by the Administrator between November

15, 1990 and the date of attainment.'' On April 28, 1992, in the

Federal Register, EPA published a CTG document which indicated EPA's

intention to issue CTGs for eleven source categories and EPA's

requirement to prepare CTGs for two additional source categories within

the same timeframe. This CTG document established time tables for the

submittal of a list of applicable sources and the submittal of RACT

rules for those major sources for which EPA had not issued a CTG

document by November 15, 1993. The CTG specified that states were

required to submit RACT rules by November 15, 1994, for those

categories for which EPA had not issued a CTG document by November 15,

1993.

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\1\ On July 1, 1993, the San Bernardino County Air Pollution

Control District was renamed the Mojave Desert Air Quality

Management District.

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Section 182(b)(2) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as moderate or

above as of the date of enactment. The Southeast Desert AQMA is

classified as severe; 2 therefore, this area was subject to the

post-enactment CTG requirement and the November 15, 1994 deadline. For

source categories not represented within the portion of the MDAQMD

designated nonattainment for ozone, EPA requires the submission of a

negative declaration certifying that those sources are not present.

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\2\ Southeast Desert Air Quality Management Area retained its

designation of nonattainment and was classified by operation of law

pursuant to sections 107(d) and 181(a) upon the date of enactment of

the CAA. See 55 FR 56694 (November 6, 1991).

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The eight negative declarations were adopted on June 28, 1995, and

submitted by the State of California on August 7, 1995. The submitted

negative declarations were found to be complete on February 7, 1996,

pursuant to EPA's completeness criteria that are set forth in 40 CFR

part 51, appendix V 3 and are being finalized for approval into

the SIP as additional information.

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\3\ EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

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This document addresses EPA's direct-final action for the MDAQMD

negative declarations for (1) SOCMI Distillation, (2) SOCMI Reactors,

(3) SOCMI Batch Processing, (4) Offset Lithography, (5) Industrial

Wastewater, (6) Plastic Parts Coating-Business Machines, (7) Plastic

Parts Coating-Other, and (8) Ship Building. The submitted negative

declarations represent eight of the thirteen source categories listed

in EPA's CTG document.4 The submitted negative declarations

certify that there are no VOC sources in these source categories

located inside MDAQMD's portion of the Southeast Desert AQMA. VOCs

contribute to the production of ground level ozone and smog. These

negative declarations were adopted as part of MDAQMD's effort to meet

the requirements of section 182(b)(2) of the CAA.

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\4\ MDAQMD has developed rules for the additional five source

categories: Aerospace, Autobody Refinishing, Clean Up Solvents,

Volatile Organic Liquid Storage Tanks, and Wood Furniture. MDAQMD

has submitted rules for four of the source categories and has

developed a rule for the remaining source category.

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EPA Evaluation and Action

In determining the approvability of a negative declaration, EPA

must evaluate the declarations for consistency with the requirements of

the CAA and EPA regulations, as found in section 110 of the CAA and 40

CFR part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans).

An analysis of MDAQMD's emission inventory revealed that there are

no sources of VOC emissions from SOCMI Distillation, SOCMI Reactors,

SOCMI Batch Processing, Offset Lithography, Industrial Wastewater,

Plastic Parts Coating-Business Machines, Plastic Parts Coating-Other,

and Ship Building. MDAQMD's review of their permit files also indicated

that these source categories do not exist in the MDAQMD. In a document

adopted on June 28, 1995, MDAQMD certified that MDAQMD does not have

any major stationary sources in these source categories located within

the federal ozone nonattainment planning area.

EPA has evaluated these negative declarations and has determined

that they are consistent with the CAA, EPA

[[Page 56476]]

regulations, and EPA policy. MDAQMD's negative declarations for SOCMI

Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset

Lithography, Industrial Wastewater, Plastic Parts-Business Machines,

Plastic Parts-Other, and Ship Building are being approved under section

110(k)(3) of the CAA as meeting the requirements of section 110(a) and

Part D.

EPA is publishing this document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective December 31, 1996, unless, by December 2, 1996, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective December 31, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future implementation

plan. Each request for revision to the state implementation plan shall

be considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Administrative Requirements

Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises and

government entities with jurisdiction over population of less than

50,000.

Because this action does not create any new requirements but simply

includes additional information into the SIP, I certify that it does

not have a significant impact on any small entities. Moreover, due to

the nature of the Federal-state relationship under the CAA, preparation

of a regulatory flexibility analysis would constitute Federal inquiry

into the economic reasonableness of state action. The CAA forbids EPA

to base its actions concerning SIPs on such grounds. Union Electric Co.

v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410

(a)(2).

Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The negative declarations being approved by this action

will impose no new requirements because affected sources are already

subject to these regulations under State law. Therefore, no additional

costs to State, local, or tribal governments or to the private sector

result from this action. EPA has also determined that this final action

does not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by December 31, 1996. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: October 6, 1996.

Felicia Marcus,

Regional Administrator.

Subpart F of Part 52, Chapter I, Title 40 of the Code of Federal

Regulations is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

2. Section 52.222 is being amended by adding paragraph (a)(1)(iv)

to read as follows:

Sec. 52.222 Negative declarations.

(a) * * *

(1) * * *

(iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI)

Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset

Lithography, Industrial Wastewater, Plastic Parts Coating (Business

Machines), Plastic Parts (Other), and Ship Building were

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submitted on August 7, 1995 and adopted on June 28, 1995.

* * * * *

[FR Doc. 96-27842 Filed 10-31-96; 8:45 am]

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